Slain shoplifter's family sues Walmart

The family of a shoplifter who was shot and killed last December by an off-duty Harris County sheriff's deputy has filed a wrongful death lawsuit against Wal-Mart Stores Inc., the sheriff's deputy and the security company that hired him.

Shelly Marie Frey was killed in the Dec. 6 shooting. The off-duty deputy, Louis Campbell, told investigators he feared for his safety when he shot into a car and struck her, saying the driver tried to run him over.

Herschel P. Cashin, an attorney for Frey's famiily, said the deputy's actions did not necessitate deadly force.

Frey, 27, and two friends entered the Walmart at 10411 North Freeway and allegedly stuffed merchandise into their purses, according to the lawsuit.

Store loss-prevention officers alerted Campbell and instructed him to detain the women. When he confronted them as they were leaving the store, one allegedly hit him with her purse and ran to the parking lot, the lawsuit states. Sheriff's office officials said that woman was Frey.

Campbell followed the women to a car, where Frey got into the passenger seat and the driver pulled away, according to the suit.

Campbell fired his weapon at least twice, striking Frey twice in the neck, according to the lawsuit. Cashin said two children were in the vehicle when Campbell fired.

According to sheriff's office reports at the time, when Campbell followed the women to the car, he opened the car door and ordered Frey to get out, but she refused.

The driver began to drive away while Campbell was standing between the open door and the driver's seat. She put the car in reverse and tried to run over the deputy, sheriff's office officials said. Campbell then fired.

Soon after, someone called 911 to report a woman with a gunshot wound was in a car in a parking lot of a nearby apartment complex. Frey was pronounced dead at the scene.

Dan Fogleman, a Walmart spokesman, said: "This was truly a sad turn of events for all involved. We never want to see a situation escalate to the point where anyone gets hurt. We are continuing to cooperate with authorities as they work to determine all of the facts about what took place."

The private security firm that employed Campbell did not return calls for comment. The Harris County Sheriff's Homicide Unit, the Office of the Inspector General and the Harris County District Attorney's Office are investigating.